Introduction
Married couples enter into marital relations with the intention of living together for the rest of their lives. Unfortunately, not all marriages go as planned, and sometimes divorce becomes the only option.
For couples in Louisiana, the process of divorce can be complicated and overwhelming, especially when there is unfair treatment involved. This article will provide an overview of the Louisiana divorce laws for unfair treatment, including the grounds for divorce, the processes involved, and the possible outcomes.
Grounds for Divorce in Louisiana
In Louisiana, a couple can only obtain a divorce if there is a fault-based ground for doing so. In other words, one of the spouses must have committed a specific act before the marriage broke down. This differs from most other states, which permit no-fault divorces. Some of the fault-based grounds for divorce in Louisiana include:
- Adultery
- Cruelty
- Desertion
- Imprisonment
- Substance abuse
Unfair Treatment and Louisiana Divorce Laws
If one spouse has mistreated, abused, or inflicted emotional distress on the other, the mistreated spouse can legally file for divorce in Louisiana on the grounds of fault-based grounds for divorce mentioned earlier. In this case, the spouse filing for divorce is called the "injured" party, while the spouse who has behaved unfairly is called the "offending" party.
Proving Unfair Treatment in Louisiana Divorce
To prove unfair treatment in a Louisiana divorce, the injured party must show that the offending party committed a fault-based act that led to the breakdown of the marriage.
For example, in cases of adultery, the injured party must provide the court with evidence that the offending spouse engaged in sexual relations outside of the marriage. In cases of cruelty, the injured party must show that the offending spouse inflicted physical or emotional harm.
The Divorce Process in Louisiana
Once the court has found that the marriage is irretrievably broken because of the fault-based ground for divorce, the court will institute legal proceedings to end the marriage. The legal proceedings in Louisiana include:
Service of Process: The injured party files a Petition for Divorce, and the court delivers a copy of the Petition to the offending party.
Answer: The offending party has a specific amount of time to file an answer to the Petition.
Temporary Orders: During the divorce proceedings, the court may issue temporary orders regarding child support, spousal support, and custody.
Discovery: This is the process in which both parties gather information about one another to prepare for trial.
Trial: Once the discovery process is complete, the parties present their case in front of a judge, who will make a final decision.
Outcomes of Louisiana Divorce Laws for Unfair Treatment
The outcomes of a Louisiana divorce can vary depending on the specific circumstances of the case. In general, the court will attempt to divide assets and debts equally between both spouses. However, the court may take into account factors such as the earning capacity of each spouse, the duration of the marriage, and the contribution of each spouse.
In cases where unfair treatment has occurred, the court may order spousal support to be paid to the injured party. Additionally, the court may consider the offending spouse’s actions when deciding issues of child custody and visitation.
Conclusion
Divorce is a difficult process, especially when unfair treatment is involved. The Louisiana divorce laws provide a way for mistreated spouses to file for divorce and receive a fair outcome. If you are considering filing for divorce in Louisiana, it is important to understand your legal rights and the processes involved. It is also important to seek legal advice from a divorce attorney who can guide you through the process.